How much does it cost to change a child’s name in Florida
How much does it cost to change a child’s name in Florida
Overview
The cost of changing a child’s legal name in Florida depends on the county where the case is filed and the requirements that apply to the particular case. A minor child name change is generally completed through a court proceeding, so parents or guardians should expect more than one possible expense.
The main cost is usually the court filing fee. Other expenses can include fingerprinting and criminal-history processing, service or notice costs, notary fees, and certified copies of the final judgment.
Florida law provides specific requirements for name-change proceedings. Section 68.07 of the Florida Statutes addresses petitions for a change of name and includes requirements concerning residency, criminal-history records checks, and other information that may be reviewed by the court.
Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)), is the form used for a minor child’s name-change petition. The Florida Courts family law forms also provide related forms for the proceeding.
If you are preparing the forms, LegalAtoms can help by asking simple questions and using your answers to prepare the required documents.
Who Usually Pays for a Minor Child Name Change?
The parent or guardian who files the name-change case is generally responsible for the costs associated with the proceeding. This can include the court filing fee and other required expenses.
Florida law specifically states that the parent or guardian seeking a minor child’s name change is responsible for the cost of fingerprint processing and the state and national criminal-history records check when that requirement applies.
If another parent must be notified or served, there may also be additional costs depending on the method used. The amount can vary based on the circumstances and local procedures.
Main Costs to Consider
1. Court Filing Fee
The court filing fee is one of the primary expenses when starting a minor child name-change case. The amount can vary by county and may change over time.
The filing fee is paid when the petition is filed with the appropriate circuit court. Before filing, check the current fee required by the clerk of the circuit court in the county where the case will be filed.
2. Fingerprinting and Background Check
Florida law requires fingerprints to be submitted for a state and national criminal-history records check for applicable name-change proceedings. The requirement generally applies before the court hearing, with an exception for proceedings to restore a former name.
For a minor’s name-change proceeding, Florida law provides that the parent or guardian seeking the change pays the cost of the fingerprint processing and criminal-history records check.
The amount can depend on the service provider and the current processing requirements. Because this cost can change, confirm the current amount before completing the fingerprint process.
3. Service or Notice Costs
Depending on the case, another parent may need to receive notice of the proceeding. If formal service is required, the petitioner may have to pay a service fee.
The cost depends on how service is completed and the circumstances of the case. If the other parent is difficult to locate or additional service procedures are necessary, the total cost may increase.
4. Notary Costs
The petition must be signed as required by the Florida family law forms. The instructions for the minor child name-change petition provide for signing before a notary public or deputy clerk.
A notary may charge a fee for notarizing documents. If the clerk provides an available notarization service, the procedure and fee may be different.
5. Certified Copies
After the court grants the name change, certified copies of the final judgment may be useful when updating the child’s records.
The clerk may charge a fee for certified copies. The number of copies needed depends on how many organizations or agencies require proof of the legal name change.
Can the Total Cost Be Different From County to County?
Yes. Although Florida law establishes the legal requirements for a name-change proceeding, some costs and filing procedures are handled locally.
The court filing fee, available payment methods, notarization options, document submission procedures, and other local charges can vary between counties.
For this reason, there is not one guaranteed total cost that applies to every minor child name-change case in Florida.
What Can Make the Cost Higher?
A straightforward case may involve only the normal filing and required processing costs. Additional circumstances can increase the total expense.
For example, additional service attempts may create additional costs if the other parent cannot easily be served. A petitioner may also need multiple certified copies of the final judgment.
Errors in the paperwork can also result in additional trips, filings, or other expenses. Carefully reviewing the petition before filing can help reduce avoidable problems.
Can You Avoid Some Costs?
Some costs are required by the court or by Florida law and cannot simply be removed from the case. Other expenses may depend on the services the petitioner chooses to use.
For example, a person may be able to complete some filing or document-preparation tasks without hiring an attorney. However, whether legal representation is appropriate depends on the circumstances of the case.
If the petitioner has difficulty paying required court costs, the court may have procedures for requesting a determination concerning the ability to pay. The availability and requirements of any fee-relief process should be confirmed with the appropriate clerk or court.
How LegalAtoms Can Help With Costs and Forms
One way to reduce avoidable document-preparation problems is to make sure the correct information is entered into the correct forms before filing.
LegalAtoms can help prepare the minor child name-change documents by asking friendly questions about the child, petitioner, other parent, requested name, and other information required by the forms.
This can help reduce the risk of missing information or entering inconsistent answers. It does not eliminate court fees or other costs required by law.
When Should You Pay the Costs?
The timing of payment depends on the particular expense. The court filing fee is generally required when the case is filed. Fingerprinting and background-check costs are paid when those services are completed.
Service costs are generally paid when service is arranged. Certified-copy fees are paid when certified copies are requested from the clerk.
Because local procedures can vary, confirm the payment requirements before submitting the documents.
How Long Does the Process Take?
Cost and processing time are separate issues. Paying the required fees does not necessarily mean the case will immediately be ready for a hearing.
The total time can depend on filing acceptance, fingerprint and criminal-history processing, service or notice requirements, the court’s schedule, and whether the court requests additional information.
A complete and accurate filing can help avoid delays caused by missing information or incorrect documents.
Limitations
The cost of a minor child name change cannot be determined accurately from the filing fee alone. Several expenses may apply depending on the case.
Fees can also change. A cost that applied in one county or at one point in time may not be the current cost when a new case is filed.
Parents should also remember that obtaining the final judgment does not automatically update every record belonging to the child. Additional copies or record-update costs may apply afterward.
Risks and Unexpected Costs
One unexpected cost can result from difficulty serving or notifying another parent. Additional attempts or procedures may be necessary depending on the circumstances.
Another possible expense is obtaining several certified copies of the final judgment. Parents who need to provide proof of the name change to multiple organizations may want more than one certified copy.
Incomplete or incorrect paperwork can also cause delays and additional expenses. Reviewing the information carefully before filing can help prevent avoidable problems.
If the case involves complicated parental rights, an existing court order, adoption, paternity, or another family-law proceeding, additional legal issues may need to be addressed.
Final Cost Checklist
Before filing a minor child name-change case in Florida, consider the following potential expenses:
Court filing fee.
Fingerprinting and criminal-history records check.
Service or notice costs, if required.
Notary costs, if applicable.
Certified copies of the final judgment.
Other local court or document-processing charges, if applicable.
Conclusion
The cost to change a child’s name in Florida depends on the county, the circumstances of the case, and the services that are required. The court filing fee is usually the main expense, but parents should also consider fingerprinting, criminal-history processing, service, notarization, and certified-copy fees.
Florida law requires a criminal-history records check for applicable name-change proceedings, and the parent or guardian seeking the minor child’s name change is responsible for the related fingerprint and records-check costs.
Because fees and local procedures can change, confirm the current costs that apply in the county where the petition will be filed.
When preparing the case, LegalAtoms can help organize the required information and prepare the appropriate forms through simple questions.